The United Nations System Exam 1

What is an IO?

formal entity, states as members, permanent staff and/or headquarters

regular meetings, rules governing decision making

An IO is NOT

G7, G20-- they do not have formal headquarters

International agreements or treaties are not IOs by themselves

Categories of IOs

Universal (no geographical limits)

Regional (membership based on geography)

Purpose-based (issue oriented)

**categories are not mutually exclusive

Typical Features of an IO

Established by a treaty negotiated among states (North Atlantic Treaty, Rome Statute, UN Charter)

Members= parties to the treaty

Some IOs have additional membership criteria (e.g economic policies or human rights standards)

"Accession" process varies

States are represented through ambassadors and their deputies...permanent representative

Delegates to meetings, including ministers and (occasionally) heads of states for really important meetings

Two main components of an IO

1.) A set of intergovernmental bodies-- a body comprised of all members (council or assembly), other bodies, committees, council, working groups, and these bodies set policy and make most decisions

2.) An administrative apparatus and staff--secretariat or commission headed by secretary-general or director-general, facilitates inter-governmental activities, administers programs and sometimes provides services on the ground, can have more or less independence and capacity

NGOs

Any NGO with formal transnational ties that is, with offices or agents in more than one state

Growing at a faster rate than IGOs

1909: 176 NGOs, 2013: 8577 NGOs

"consultative status" with ECOSOC

Various benefits- attend meetings, make statements, side-events, access to UN premises

NGO criteria

Activities must be relevant to work of ECOSOC

Democratic and transparent decision making mechanism

Established headquarters with an executive officer

In existence for at least 2 years

Majority of funding should be non-governmental

Trends and Landscapes of IOs

First IOs created after Napoleonic Wars in the 19th century

Growth begins from 1865 after WWII

Stagnation with WWI, Depression/WWII, early 1960s, 1996- present

Most memberships: France, Germany, Spain...Egypt is in the top 12 (it's in the middle east, africa, mediterranean)

Least integrated- small developing countries in 1965...today the least integrated are extremely small or newly developed countries

Emanations

an IO created by another IO...chart does not count it

regional IOs waning, universal IOs growing

Why rise in NGOs after WWII?

safeguard against another global conflict, great depression, decolonization (regional IOs)

The most integrated states are in Europe...

western european countries

Increasing membership polarization

Larger proportion of IO members are literate, democratic, and wealthy

global governance less democratic

weak don't have a say on many issues

power and political imbalances become entrenched

Functions of IOs

economic-61%

social- 28%

policial- 10%

general purpose-2%

Why do states create IOs?

two preconditions:

1.) a state system

2.) sufficient interdependence (requires correspondence)

Reasons for why states create IOs

solving cooperation problems (coordination, prisoners dilemma)

IOs can ensure cooperation or provide punishments for cheeping for noncompliance (ex. IAEA inspects nuclear weapons programs)

efficiency- reducing the cost of cooperation

promote iteration- constant cooperation and partnership makes states more willing to do the same in the future

aggregate power/sources- power in numbers- military alliance- specific goals

sense of community

Prisoners dilemma

two actors would be better off if they cooperated, but they don't because it's not in their individual self interest

(ex. nuclear proliferation...both states would be better off if they eliminated nuclear arsenal, but they do not now if they other side will follow)

Why do states work through IOs?

Political rationales:

--legitimation of policies (Claude)...when a state gets their policies approved it makes them more legitimate- laundering (Abbot and Snidal)

--Hands-tying/commitment: hard for countries to make credible promises to each other--IOs can formalize a commitment and the cost of backing down is high

--IO independence is key (Abbot and Snidal)

Efficiency rationals:

--managing substantive operations (joint productions)

--coordination among state (to build a coalition, reach agreement)

--"pooling" and burden sharing

--IO centralization is key (Abbot and Snidal)

Realism

Dominant after WWII

State centric

Anarchy->self help->conflict

National interests defined in terms of power (survival and security), self interest

International laws and organizations have little independent on state behavior- tools of the powerful, cooperation thwarted by cheating concerns (prisoner's dilemma) and "relative gains" concerns

Liberalism

Variety of actors: IOs, NGOs, MNCs, civil society, individuals ("transnational relations")

States vary in their national interests

Domestic politics matter (interest group competition, public opinion, regime type)--democratic peace theory

States can cooperate to solve problems

Interdependence->institutions->cooperation

IOs matter: constrain state behavior, facilitate cooperation

Neoliberal Institutionalism

"Neoliberalism"

Robert Keohane, After Hegemony- title because realists argued that IOs can operate under a single dominant state

Adopts the assumptions of realism: states are self-interested, unitary actors interacting under anarchy BUT argues that realists are too pessimistic

Institutions (or regimes) can foster cooperation through: creating clear rules, reducing the costs of cooperation, providing a forum for negotiations, providing information (monitoring compliance), fostering iteration and reciprocity

Constructivism

Sometimes called social constructivism

Variety of actors

Norms, identities, belief matter, not just material self-interest

Interest and foreign policy sometimes based on "logic of appropriateness"

Multilateralism as a norm; legitimation effect of IO approval and international law

IOs can create new norms and can "teach" and "persuade" states and other actors

Palestine and the ICC

PA president Abbas signed the Rome Statue- the treaty that establishes the ICC (independent that is not apart of the UN system)

Becoming a ember means that activities on its territory can be subject to the ICC

This month, ICC prosecutors launched an inquiry

2012- Palestine became a non-member observer state

December 2014- UNSC rejected Palestinian membership in the UN

To get membership in the UN, UNSC has to recommend admission and then 2/3 of the body needs to vote for it and no P5 nation can veto

Israel is withholding $125 million in taxes

U.S- Palestine is not a state, could cut aid

Potential crimes: summer 2014 conflict over Gaza...not allowed to go after civilians

U.S is not a party of the ICC

ICC tries individuals if the individual's own government is unwilling to try them

Martin Luther King Jr. and the United Nations

Ralph Bunche- deputy to the UNSG

Linked to U.S anti-colonial struggles in South Africa

1967 speech on the causalities of the Vietnam War- links wars to evils like violence, human rights, poverty

19th Century: Early Security Institutions in Europe

Congress of Vienna (1814-15) following the French Revolutionary Wars and Napolenoic Wars

Main Players: Russia, Britain, Austria, Prussia, France

Established boundaries and brokered many regional problems

Novel aspects: coming together to establish multilateral treaties, a system of solving problems before they boil over

Congress system and concert of Europe- regular meetings (last one was in Berlin in 1878)

Relative Peace and security stability until WWI (with exceptions- Crimea War, Franco Prussian War)

19th Century: Early International Organizations

Growing mismatch between geographic scope of problems and the scope of state authority- technological changes (industrial revolution) create new sources of interdependence, especially in commerce

Early Economic IOs: Central commission for the navigation of the rhine (1815), Zollverein (first trade agreement in Germany)

Set standards to facilitate trade and had early secretariats called "bureaus"

Permanent court of Arbitration***

Hague Peace Conference, 1899 and 1907

Goals: arms control, rules of war, peaceful dispute settlement

Produced two Hague conventions

Many delegations wanted binding arbitration but idea was blocked by a small coalition

Permanent court of arbitration is still active today (oldest international dispute settlement IO)

116 member-states

State and non-state entities have standing

Variety of issues: territorial disputes, human rights, environment, investment, trade

PCA and South China Sea

Obama and Modi express concern about South China Sea

Dispute initiated by Philippines through UNCLOS/PCA

League of Nations

Woodrow Wilson's "14 points speech" (1918)

"a general association of nations must be formed under specific covenants for the purpose of affording mutual guarantees of political independence and territorial integrity to great and small states alike"

Negotiated at Versailles Peace Conference

League Covenant- Treaty that created league of nations

"Collective Security": the members of the league undertake to respect and presence as against extreme aggression the territorial integrity and existing political independence of all members of the league

^^basically, if you're a member, you treat territorial aggression against other members, the same way you would treat it if it were against yourself

Arms control: members should disarm "to the lowest point consistent with domestic safety"

Other issues: drug trade, trafficking, humanitarian aid, health

Peaked at 58 states

League of Nations: Structure

League Assembly: budget, membership, elected council

League council: executive body: could authorize sanctions and force

^4 then 5 members (U.K, France, Italy, Japan, later Germany)

6 than later 11 non permanent members

League secretariat: administrative tasks, mandates unit, social unit, health department

Permanent court of International Justice: 1922-46 (66 cases)

League of Nations in Practice

Some success in the 1920s and 1930s- about 15 conflicts or territorial disputes mediated

Major success in social work areas

Failed to act in 2 cases

1.) Japanese innovation of Manchuria (1931)

2.) Italian invasion of Ethiopia (1935)

Mussolini: "the League is very well when sparrows shout, but no good at all when eagles fall out"

Ethiopian president went on a diplomatic tour to try to get people to care

Arms build ups in Japan, Germany, Italy

Failed with WWII

History of UN Negotiations

July 1941: Roosevelt and Churchill meet in secret, sign Atlantic Charter (met in secret because the U.S was still neutral until December)

Some of the principles are highlighted in the slide..."no aggrandizement"

1941: Roosevelt and Churchill, Atlantic Charter

1942: 26 governments agree to the Declaration by the United Nations: agree to defeat Nazi Germany and uphold Atlantic Charter

1944:Dumbarton Oaks Conference (China, USA, U.K, and U.S)

How to replace the League of nations

Proposals for the establishment of a general international organization created the first draft of the UN Charter

1945: San Francisco Conference: modified and signed Charter (50 Nations signed)

U.S was the first to ratify (U.S never ratified the league of nations)

Structure of the United Nations

Article 1: purposes of the UN

-to maintain international peace and security

-to develop friendly relations among nations based on principles of equal rights and self-determination

-to achieve international cooperation over economic, social, cultural, or humanitarian problems, and in promoting human rights and fundamental freedoms

-to be a center for harmonizing state action in the attainment of these ends

Article 2: principles of the UN

-Obligations of the charter

-sovereign equality

-settle disputes by peaceful means

-refrain from using or threatening force against the territory or independence of another

-support enforcement actions

-nonmember obligations

-domestic noninterference EXCEPT when interferes with chapter 7- definition of "domestic" is becoming increasingly narrow

-Programme funds developed by ECOSOC and GA...charter says these committees can create subcommittees

-related organization (outer ring)...vary in terms of how closely they are linked into the UN system (ex. World Trade Organization)

The Security Council (chapter 7 of the Charter)

Primary responsibility for security issues

15 members: P5 plus 10 rotating

P5: China, U.S, U.K, Russia, France

Rotating now: Angola, Malaysia, Chad, Chile, Jordan, Lithuania, New Zealand, Nigeria, Spain, Venezuela

Voting rules 9/15, plus P5 Veto

Binding resolutions....other bodies can only make recommendations

UNSC can impose sanctions, etc... on other states

Very active since the end of the cold war

2014: 63 resolution

General Assembly

Every member of the UN is represented

Most democratic, one state one vote

Can discuss and recommend on any issue- but trumped by SC (articles 10 and 12)...can talk about anything but only if the UNSC is actively considering the matter

Resolutions can be evidence of customary law (or even produce it)

Chief Forum for developing countries- G77 and Non-Aligned Movement

ECOSOC

Became principle organ of the UN during San Fran conference

Forum for discussing economic and social issues; policy recommendation

Convenes international conferences

ECOSOC monitors new rules or principles produced by conferences

Coordinates work of 29 different specialized agencies and commissions- its purview covers 70% of the UN's resources

54 members(as of 1973); started at 18

Secretariat

Administrative operations

Staff of 44k from 180 countries

6.5 k in NYC

NYC headquarters, but also offices in Addis Ababa, Bangkok, Beirut, Geneva, Nairobi, Santiago, Vienna

Secretary-general: chief administrator, but also chief diplomat

^role expanding over time

Ban-ki-moon is the current SG

International Court of Justice

League of Nations had permanent court of international justice

ICJ- world court-judicial arm of the UN

15 judges, 9 year terms

Rules on the cases but also gives advisory options

Not automatically the case that the ICJ has the jurisdiction...states can choose to not accept the jurisdiction of the court

3 conditions when the ICJ has jurisdiction: ad hoc basis (two states accept jurisdiction to settle dispute), states can declare that they are bound by the ICJ, and when it's written in a treaty

States can commit to the jurisdiction of the ICJ and then withdraw (with notice)-optional clause

Decision is legally binding, no jury, no appeals court

International law trumps domestic law, according to the U.S constitution

No enforcement power but states comply to keep a good reputation and so that other states will comply and cooperate

Two main sources of international law: treaties and custom

Other courts: universal, regional, ad hoc

ICJ: Croatia vs Serbia on Genocide

Genocide convention 1948- article 9 states that disputes between parties will be resolved in the ICJ

Tough hurdles: definition of genocide; must link to state...cant be individuals (weakness of ICJ, because if you can't link it to government policies they have to be not guilty)

Have to show an intent to destroy ethnic group for it to be genocide...hard to prove

ICJ jurisdiction because of article 9 of the genocide convention

ICTY: separate process (international criminal tribunal)- can try individuals

^^established by UNSC 1993

^^ 161 persons indicted (15 ongoing) under ICTY

Last Friday: convicted 5 Bosnian Serb officers of crimes against humanity, genocide

Trusteeship Council

Administer trust territories (remaining League of Nations Mandates) until they could achieve independence

Membership: the P5

Suspended operations on November 1, 1994, with the independence of Palau, the last remaining UN trust terriroty

UN Finances

Regular Budget

Peacekeeping Budget

^^together these two create the core budget

Voluntary contributors to programs and funds

Specialized agencies...independent finance system

GA committee on contributions- assessments every 3 years

Regular budget and peacekeeping budget based mostly on GNP, but also on capacity to pay

"ceiling" and "floor" (22% and .001%) for regular budget

As of May 31, 2013, the US owed $744 million or (74% of all member states debt to the UN regular budget)

Actors in the UN System: States

Most IOs are "member-driven"

"The UN" as an autonomous actor vs "The UN" as a reflection or member-state actions and interests

Sources of IO independence: "Service organizations" vs. "forum organization"

Size and discretion of bureaucracy

Voting rules- in the EU there are different rules where the bigger states have more power...leash of voting

The UN is mostly an instrument of states, but can constrain them in limited ways: subject states behavior to international scrutiny (votes, information on state behavior), UN norms and rules (reputation, reciprocity, legitimacy)

Domestic politics

...not all states are equal

Actors in the UN System: The United States

Much influence but cannot control the SC and GA

Sometimes bypasses the UN to act unilaterally or regionally

Political culture of American "exceptionalism"

However, most issues, default is to support and work through the US

Actors in the UN System: Other

P5 states

Actors in the UN System: Japan and Germany

Canada, Australia, Sweden, Mexico....

Unique role centered on multilateralism, comprise and high participant

Actors in the UN System: Developing countries

UN is vital to their interests

Blocks: G77, NAM, regional groups

Growing influence of emerging economics: BRICS/BASIC group

Benefits of the UN:

-providing services in the developing world

-legitimates new states

-magnifies voice of smaller states

-forum appeals to world public opinions

-can constrain the powerful through development of norms and law

-extract concessions from powerful in return for votes

-BRIC- brazil, Russia, India, China, soviet union

Actors in the UN System: IGOs

Mingst and Karnst: "interest or pressure groups that can operate across national borders in not-for-profit activities"

They participate in global governance by:

-directing please through media

-action with GA

-ECOSOC consultative status

-participation in IO conferences around parallel conferences

Functions:

-informational and expertise

-optional roles

-monitory state behavior

-sometimes with, sometimes against states